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PETITIONER: DWARKA DASS BHATIA
Vs.
RESPONDENT: THE STATE OF JAMMU AND KASHMIR.
DATE OF JUDGMENT: 01/11/1956
BENCH: JAGANNADHADAS, B. BENCH: JAGANNADHADAS, B. SINHA, BHUVNESHWAR P. IMAM, SYED JAFFER
CITATION: 1957 AIR 164 1956 SCR 948
ACT: Preventive Detention-Grounds based on alleged illicit smuggling of three categories of essential goods to Pakistan-Two categories found not to be essential goods- Whether order of detention bad Jammu and Kashmir Preventive Detention Act, 2011, ss. 3(2) and 12(1).
HEADNOTE: The petitioner was detained by virtue of an order of detention passed by the District Magistrate, Jammu, under s. 3(2) of the Jammu and Kashmir Preventive Detention Act, 2011 and that order was confirmed and continued by an order passed by the Government of the State of Jammu and Kashmir under s. 12(1) of the Act after taking the opinion of the Advisory Board. The order recited that it was necessary to detain the petitioner with a view to preventing him from acting in a manner prejudicial to the maintenance of supplies and services essential to the community and was based on the ground of alleged illicit smuggling by the petitioner of essential goods such as shaff on cloth, zari and mercury to Pakistan. It was found that shaffon cloth and zari were not essential goods. It was not established that the smuggling att...